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Veterans Affairs committee One of the gaps highlighted in the Veterans Ombudsman's report was the lack of free legal representation in going to the Federal Court. That might be one of the reasons only 1% of all of the VRAB decisions go to the Federal Court: because the veteran has to pay for legal represen
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee The two key primary mechanisms are through either the Bureau of Pensions Advocates or the Royal Canadian Legion service officers.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee Yes, absolutely. After the Veterans Ombudsman's report and recommendations were released, the VRAB came out with their action plan to remedy a number of the key issues raised by the Veterans Ombudsman's report. One is looking at their mission vision, but they've also been worki
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee We're very similar, except that the Bureau of Pensions Advocates are lawyers and service officers. Most of us have military experience and we provide the same type of representation at all three levels: the review, the appeal, and the request for reconsideration.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee I think the evidence requirements need to be looked at to see if they're actually too restrictive. That's why I raised the issue of the VRAB adjudicative guidelines, the application of the benefit of the doubt and how that's being applied, and the composition of the board. If you
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee There are six board members with military and RCMP experience—five with military experience and one with RCMP experience.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee The Veterans Ombudsman, in his report, was very clear about some of the issues. When they go back to the Veterans Review and Appeal Board, they're not necessarily overturning the decisions; they're sending them back to the board to have them reheard, because there may have been l
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee I agree.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee The ombudsman was very clear in his recommendations on the study. I think it was a very important study on the Veterans Review and Appeal Board process.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee The Legion has been proactively advocating for many years to have military or RCMP experience on the board to represent those who are appearing in front of the board. It's important to have a balanced board with both military and non-military experience, but if you have the milit
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee Yes, that's correct.
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee As I mentioned in my presentation, one of the issues is that the evidence requirements are onerous. The burden is on the veteran. At each level, additional medical evidence is required. That's one of the issues. The other thing is that it's not quite so easy as saying that Vete
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee I just wanted to respond to your first two questions, Peter. Our Legion president meets with John Larlee, the chair of the board, at least annually. I have a once-a-month teleconference with Ms. Dale Sharkey, the director general, and I raise very specific issues. When a vetera
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee As we've said in our presentation, we believe the role of the VRAB is very important as a quasi-judicial organization. However, the benefit of the doubt clause and its interpretation is probably the most misunderstood application. That needs to be revisited from a legal perspecti
October 15th, 2012Committee meeting
Andrea Siew
Veterans Affairs committee Are you addressing the question to me?
October 15th, 2012Committee meeting
Andrea Siew